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Ellis v Employment Security Commission 14.08

Section 29(1)(f)

INCARCERATION, Traffic violation

CITE AS: Ellis v Employment Security Commission, 380 Mich 11 (1968).

Appeal pending: No

Claimant: Esau Ellis

Employer: Campbell, Wyant & Cannon Foundry Company

Docket No: B64 686 32165

SUPREME COURT HOLDING: An employee who because of a traffic violation is incarcerated and absent from work less than ten full days cannot be disqualified for benefits.

FACTS: The claimant was incarcerated for a traffic violation, and as a result he was absent from work for nine consecutive days. The claimant also missed most of his shift on the tenth day. However, two or three hours before the end of his shift he did appear but was not allowed to work.

DECISION: The claimant was not disqualified for benefits by operation of the traffic violation provision contained in Section 29(1)(f).

RATIONALE: ALthough the claimant was not present at the start of the tenth day he was not absent for ten complete days. Therefore, since he was incarcerated as the result of a traffic violation he could not be disqualified for benefits. The court noted with approval the following from the circuit court opinion 'If our legislature intended ... to disqualify a claimant where his confinement resulted in his absence from work, for nine and a fraction consecutive days, it would have very readily so stated.'



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